Pine et al v. Seeley et al

Filing 121

DECISION AND ORDER: Based upon a de novo review, the Report-Recommendation (Dkt. No. 119 ) is accepted in whole. See 28 U.S.C. 636(b)(1). ORDERED, that the complaint is DISMISSED as to defendant Aaron Beojekian. ORDERED, that Defendant Dr. Hubicki& #039;s motion for summary judgment (Dkt. No. 111 ) is GRANTED and the complaint is DISMISSED in its entirety. ORDERED, that Plaintiff's motion to compel (Dkt. No. 105 ) is DENIED as moot. Signed by Judge David N. Hurd on 6/11/12. (served on plaintiff by regular mail) (alh, )

9cv1198UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------HAROLD BURROUGHS, JR.,
Plaintiff,
-v-

9:09-CV-1198

AARON BEOJEKIAN, Former C.O. at Greene
County Jail; and DR. HUBICKI, Doctor at
Greene County Jail,

Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

HAROLD BURROUGHS, JR.
Pro Se
08-A-4423
Clinton Correctional Facility
P.O. Box 2002
Dannemora, NY 12929
GOLDBERG SEGALLA LLP
Attorneys for Defendant Hubicki
8 Southwoods Boulevard
Suite 300
Albany, NY 12211

JONATHAN M. BERNSTEIN, ESQ.
WILLIAM J. GREAGAN, ESQ.

DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983. On May 3,
2012, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised, by ReportRecommendation, that the complaint be dismissed as to defendant Beojekian; defendant

Hubicki's motion for summary judgment be granted; and plaintiff's motion to compel
discovery be denied as moot. Plaintiff timely filed objections to the Report-Recommendation.
Based upon a de novo review, the Report-Recommendation is accepted in whole.
See 28 U.S.C. 636(b)(1).
Therefore, it is
ORDERED that
1. The complaint is DISMISSED as to defendant Aaron Beojekian;
2. Defendant Dr. Hubicki's motion for summary judgment is GRANTED and the
complaint is DISMISSED in its entirety; and
3. Plaintiff's motion to compel is DENIED as moot.
IT IS SO ORDERED.

Dated: June 11, 2012
Utica, New York.

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